HB 332: "An Act relating to payment, benefits, and work status of members in the active service of the Alaska State Militia; and providing for an effective date."
00HOUSE BILL NO. 332 01 "An Act relating to payment, benefits, and work status of members in the active 02 service of the Alaska State Militia; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 26.05.260(d) is amended to read: 05 (d) A member of the organized militia who, while performing duties under 06 AS 26.05.070, including transit to and from the member's home of record, suffers an 07 injury or disability in the line of duty is entitled to all compensation and benefits 08 available under AS 23.30 (Alaska Workers' Compensation Act). For a member of 09 the Alaska State Militia, compensation and benefits under this subsection are 10 provided as though the member was a state employee. 11 * Sec. 2. AS 26.05.260(e) is amended to read: 12 (e) If a member of the organized militia dies as a result of an injury or 13 disability suffered in the line of duty while performing duties under AS 26.05.070, 14 including transit to and from the member's home of record, death benefits shall be
01 paid to the persons in the amounts specified in AS 23.30.215. For a member of the 02 Alaska State Militia, the death benefits under this subsection are provided as 03 though the member was a state employee. 04 * Sec. 3. AS 26.05.260(h) is amended to read: 05 (h) For purposes of computation of benefits under AS 23.30, 06 (1) the earnings of a member of the Alaska National Guard or Alaska 07 Naval Militia [ORGANIZED MILITIA] will be presumed to be no less than the pay 08 and allowances authorized for a member of the regular armed forces of the United 09 States in the same grade or rank as the Alaska National Guard or Alaska Naval 10 Militia [ORGANIZED MILITIA] member at the time of the injury or death ; 11 (2) the earnings of a member of the Alaska State Militia will be 12 presumed to be equal to the pay and allowances authorized by (j) of this section 13 for the duties being performed by the member while on active state service at the 14 time of the injury or death; if the member of the Alaska State Militia did not 15 receive pay or allowances authorized under (j) of this section, the earnings of the 16 member will be presumed to be no less than the pay and allowances authorized 17 for a member of the regular armed forces of the United States in the same grade 18 or rank as the Alaska State Militia member at the time of the injury or death . 19 * Sec. 4. AS 26.05.260(i) is amended to read: 20 (i) In this section "member" means an active commissioned or warrant officer 21 or enlisted man or woman in the Alaska National Guard or Alaska Naval Militia, 22 or a volunteer serving in the active service of the Alaska State Militia 23 [ORGANIZED MILITIA]. 24 * Sec. 5. AS 26.05.260 is amended by adding new subsections to read: 25 (j) When active state service is authorized by the governor, or by the adjutant 26 general as the governor's designee, members of the Alaska State Militia are entitled 27 to receive, for each day of active service under AS 26.05.070, pay and allowances as 28 provided in this subsection. Pay shall be equal to that provided under AS 39.27.011 - 29 39.27.020 for equivalent assignments of state officials or employees, including 30 adjustments under AS 39.27.025, if applicable. Allowances shall be paid to the same 31 extent, in the same manner, and under the same conditions as provided for state
01 officials and employees under AS 39.20.110 - 39.20.170. However, pay or allowances 02 are not authorized for training or community service activities of members of the 03 Alaska State Militia. 04 (k) Members of the Alaska State Militia are not state employees. 05 Compensation and benefits under AS 23.30 provided for in (d), (e), and (h) of this 06 section for members of the Alaska State Militia are provided as though the member 07 was a state employee. Members of the Alaska State Militia are entitled to pay and 08 other benefits only as provided in this section. Nothing in this section entitles a 09 member of the Alaska State Militia to retirement benefits. 10 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).